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04-527Counc i 1�i.1e� Green Sheet # � ��O v� RESOLUTION �, , 1 Y O S UL, MINNESOTA ' 3 �. Presented By Referred To Committee: Date 1 RESOL'VED, that, upon execution and delivery of a release in full to the City of Saint Paul, 2 the proper City officers are hereby authorized and directed to pay from the Tort Liabifity 3 Fund, 09081-0511, to Eszter Varga, Steve Porter and the Ocel Law Office, the sum of thirry 4 two thousand dollars and no cents ($32,000.00) in full settlement of any and all clanns for 5 bodily injury sustained on the 16`� day of August, 2002, as a result of an accident with a 6 City-owned vehicle operated by Mark Toupal, at or near the intersection of 7"' Place and 7 Jackson, Saint Paul, MN. � C � D e e Requested by Department of: '"Y�c� Adopted by Council: Date � f,��, �?/d� Adoption Cg by Coimcil Secretary � � Approval Recommended by"Budget Duector: � � Mayor for Submission to Council: � ' Green Sheet Green She _ _ �� O�f - S27 et Green Sheet Green SJaee�Gr pn Chaaf [`�no.,��,h, � ^"" DepartmenNoffice/council: Date Initiated: Hu -H�,�,,,�„� 04-MAY-04 Green Sheet NO: 3016055 CoMact Person ffi Phone� � Deoarhnent Sent To Person initial/ ate Send2 Bodensteine� 0 u an ar 'sk a e nt 6512668887 /��9p 1 a n R urces De artme t Di ector Must Be on Council qgenda by (Date): Number z ; A r i A rn s fo 1&MAY-04 For Routing 3 o ncil Ci uncif Ordef M1 erk C'i lerk 5 u anR nr RiskMana ent Total # of Signature Pages � (Clip All Locations for Signature) � Action Requested: Approval of settlement of a bodily injucy claim against the City of Saint Paul and the Pazks & Recreation Deparhnent. Recommendatlons: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following QuesEions: Planning Commission 1. Has this person/firm ever xrorked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personlfirm ever been a city employee? Yes No 3. Dces this personffirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet initiating Problem, Issues, Opportunity (Who, What, When, Where, Wh�: On August 16th, 2002, Eszter Varga was injured when she tripped over the forks of a forklift that was being operated by a Parks employee, Mark Toupal. A full and fmal settlement regazding flus injury has been reached with the other pariy. AdvantageslfApproved: An outstanding claixn against the City will be set#1ed. � � , . . e� �p � Disadvantages H Approved: None �p�� ������'� MAY 1 Q 2apy ° Disadvantages If Not Approved: An outstanding claim will most likely proceed to lirigarion whexe the judgment could zesult in higher paymants. 1 Total Amount of Transaction: 32000 CwtlRevenue Budgeted: Y Funding Source: GL 001 Activity Number: 09081 Financial Information: (Explain) 0�l- SZ� Release of All Claims File Number C-020266 In sole consideration of the payment of thirty two thousand dollars and no cents (S32,OOO.DO), we do hereby release and forever discharge the City of Saint Paul, the Parks & Recreation Department, Mark Toupal, their representatives, successors, assigns and all other persons, firms and corporations from any liability, claims, actions, causes of action, and demands of any kind, known or unknown, existing or to arise in the future, resulting from or related to any damage, loss or injury sustained by Eszter Varga arising from an incident which took place on or about the 16�' day of August, 2002 at or near the intersectian of 7�' Place and Jackson, Saint Paul, MN. We understand that any injuries may be parmanent and progressive, and that recovery may be uncertain. We rely only on our own judgment in making this release and do not rely on any other person in any way. We have consuited a legal advisor on this matter and we wish to settle our claims. The undersigned agree and understand that this settiement encompasses ali claims for medical treatment, lost wages, loss of consortium, permanency, loss of use, out of pocket expenses, mileage, and any and all other claims that may not be specifically mentioned but which may have been incurred in connection with this incident. The undersigned agrees that they will be responsible for any and all biils, invoices or services that have been incurred in the past or will be incurred in the future, which may or may not have been paid by any provider or insurer. The payment of this money is not to be construed as an admission of liability. It represents only the compromise of a doubtful and disputed claim. This release contains the entire agreement between the parties hereto, and the terms of this refease are contractual and not a mere recital. THE UNDERSIGNED PARTIES HAVE READ THE FOREGOING AND FULLY UNDERSTANDS IT, and signs this t( _ day of ✓r���1 , 200 `{ . % Subscribed and sworn to before me �'r. ��" this � day of _ ry71 ��,� Steve �; S5 �r1�0 20t_� � � ., �, .•.� -.�: :.-.:.