HomeMy WebLinkAbout34-89 RESOLUTIONRESOLUTION NO. 34-89
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH ROBERT W.
FRANZMEIER AS PROJECT COORDINATOR FOR
IMPROVEMENTS TO THE CITY'S WASTEWATER
TREATMENT PLANT AND SYSTEM.,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
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Section 1. That the Mayor and City Clerk are hereby
authorizedand directed to execute an agreement with Robert W.
Franzmeier as Project Coordinator for construction of improvements
to the City's Wastewater Treatment Plant and System. A copy of
the agreement authorized for execution hereby is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 4th day of April , 1989.
APPROVED
By: C!/424(1.4rAC/ ilsoteCLA
Mayor
•
April 4, 1989
A T PROJECT COORDINATOR CONTR
Y
117.1 The Mayorintroduced a resolution authorizing approval of an agreement with
Robert W.`Franzmeier, Project Coordinator for the City's Wastewater Treatment
Plant construction project; and a request for a budget adjustment.
117.2 The Mayor explained that, under the terms of the Agreement, Franzmeier's current
duties as Project Coordinator for the Plant would continue until final plant
completion and grant application finalization. Martin said both State and
Federal authorities have recommended this action be taken. He said that, in
addition, Franzmeier would be responsible for coordinating the City's inflow and
infiltration maintenance program
117.3 Martin explained the agreement provided for a 5% increase over Franzmeier's 1988
salary, or a total annual salary of .$41,103. He said the staff recommended
approval of a budget adjustment in that amount, to be taken from Unreserved Fund
Balance.
117.4 It was moved by Lancaster and seconded by Green to approve the resolution.
117.5 Director Kelley asked if it was anticipated that this would be a 12 -month
contract. City Manager Pennington said that was all the City was anticipating
at this point. He said the only reason it would continue beyond 12 months would
be if the federal project is not closed out.. Pennington pointed out that the
$41,103 will cover all services, not just salary.
117.6 Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 34-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK
NO.
OTHER BUSINESS
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AERO -TECH CLAIM
117.7 The City Attorney told the Board that Jack Butt, Attorney for Aero -Tech Services,
Inc. wished to make a presentation regarding a claim that Aero -Tech (fixed base
operator at the Airport) has regarding a contract dispute and operation of the
airport. McCord said the basis for the claim arose within the last month,
demands were made upon the City, he negotiated several sessions with Butt in an
attempt toresolve the dispute, and a tentative settlement was reached but has
not been finalized.
117.8 Butt estimated his presentation would take about thirty minutes. The Mayor asked
Butt if this was anticipatory of a lawsuit, commenting that, -if so, perhaps it
should be heard in court rather than at the Board meeting. Butt said it may
and that he had tried for the last two weeks to reach a settlement with the
City. He said the City breached its contract on February 7 and admitted such
breach may have been done on February 9 or 10. He said an audit was "called in"
around the:second or third week of February and the audit showed the City was
in error. He said on February 20 he made a settlement proposal for damages
incurred from the breach, a copy of which he said the Board received in the
afternoon on April 4. He said he had negotiated with McCord since that time.
Butt said he thought the attorneys reached a settlement in principle and agreed
to take that settlement back to their clients. He said Aero Tech has accepted
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