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CITY OF SEWARD, ALASKA
RESOLUTION NO. 98-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO
SIGN A SETTLEMENT AGREEMENT WITH RANDY MCFARLAND
THAT SETTLES MR. MCFARLAND'S DEBT TO THE CITY AND
SETTLES ALL PENDING AND FUTURE LITIGATION, CLAIMS,
OR ALLEGATIONS OF ANY KIND BROUGHT DIRECTLY OR
INDIRECTLY BY THE PARTIES
WHEREAS, on August 21, 1998, the City exercised the convenience termination
clause (Section 9.2) of the contract between Randy McFarland and the City of Seward for
Parking Management Services (the "Contract"); and
WHEREAS, both the City and Mr. McFarland contend that each owes each other
monies under the Contract; and
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WHEREAS, the City filed a civil action and obtained a prejudgment writ of
attachment to recover its funds; and
WHEREAS, Mr. McF arland has answered the City's claim and made a counterclaim;
and
WHEREAS, the Administration has worked with Mr. McFarland to seek a final
accounting and try to resolve the amount owed to the City; and
WHEREAS, the City Manager met with Mr. McFarland and negotiated an
agreement subject to City Council approval and Mr. McFarland has accepted the attached
settlement agreement; and
WHEREAS, the attached settlement agreement pays a fair price to Mr. McFarland
for his signs and drop boxes, allows Mr. McFarland to settle his debt with the City, and
resolves, without admitting any wrongdoing, all pending and future allegations of any kind
that have been or could be brought by the parties, directly or indirectly; and
WHEREAS, the City Council finds it to be in the best interest of the City to acquire
the existing parking equipment rather than to require its removal and replacement.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
CITY OF SEWARD, ALASKA
RESOLUTION NO. 98-129
Section 1. The City Manager is authorized to sign a settlement agreement with
Randy McParland, in substantially the form as attached hereto, whereby the City will pay
$24,943.00 to McFarland. Randy McParland's debt to the City is deemed paid in full and
the City's debt to McFarland is deemed paid in full. Ownership of specified parking
equipment shall be transferred to the City free and clear of all encumbrances. All pending
and future litigation, claims and charges of any kind that have been or could be brought by
the parties related to the Contract are satisfied, released and settled. Each party is to bear its
own litigation costs and fees.
Section 2. The City finds that the attached Settlement Agreement is in the best
interest of the public, and is fair and reasonable to each party.
Section 3. Appropriate $35,000 from the Parking Revenue Enterprise Fund,
Retained Eamings, account no. 403-0000-3050, to the Equipment line item, account no. 403-
4030-5930, for the purchase of parking equipment, to be paid in light of mutual offsets for
amounts allegedly owed to each other per terms of the settlement agreement, for a net
payment to Randy McParland of $24,943.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th
day of October, 1998.
~WARD'ALASKA
. Lf&~
Lowell R. Satm, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Blatchford, Clark, Gage, Orr, Satin
Callahan
King
None
ATTEST:
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