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04-604Council File # � �� Presented By Referred To Committee: Date 1 RESOLVED, 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 Liability 3 Fund, 09081-0511, to Timothy Bowie and his attorneys, Griffel8t Dorshow, the sum of ten 4 thousand dollars and no cents ($10,000.00) in full settlement of their clauns, including those 5 clauns for no-fault, underinsured motorist, uninsured motorist and bodily injury, relating to 6 damages sustained on May 17, 2002, as a result of an accident in a City-owned vehicle at or 7 near the intersection of West 7"' Street and Mihaha Avenue, Saint Paul, MN. 7udge of District o � Date Signed Requested by Office of: Htunan Resources �� �� � Approval Recommended by Budget Director: � Adopted by Council: Date �j���Op� Adoprion Certified by CouncIl Secretary � Approved � f�yor: Date _,(� ���° Green Sheet # �J(J � ��J� RESOLUT{ON CITY OF SAINT PAUL, MINNESOTA �3 � � � for � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sh�e£ �'� DepartmenNoffice%ouncil: Date Initiated: � Hu -H�„��a,� oz-�UN� Green Sheet NO: 3017737 Conqct Person & Phone- Deoartrnent Sent To Person Initi� $2fidra Bodensteinef � 0 oman Resour � Ri k ana ement �! 6512668887 /\ssign 1 umanResources Depar[meotDirector � �iT I Must Be on Council qqenda by (Date): Number 2 - Attomey I City Attorney form _� i 23JUN-04 For Routing 3 avo 's OfSce MayoNASSista t O�de� 4 ouncil C' Council � 5 i Clerk Ci Clerk Totai # of Signature Pages � (Clip AII Locations for Signature) Action Requested: Approval of resolution authorizing settlement of a claim by Tixnothy Bowie against the City of Saint Paul Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does 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, Why): On May 17, 2002, a City vehicle driven by exnployee Timothy Bowie was involved in a motor vehicle accident with an nuinsured motorist. Tlus claim settlement represents settlement of Mr. Bowie's claims under the City's uninsured motorist, mmderinsured motorist and no-fault coverages. A full and final settlement release has been obtained. Advantages If Approved: An outstanding claun against the City of Saint Paul will be settled. � DisadvantageslfApproved: None. Disadvantages If Not Approved: An outstanding claim will most likely proceed to tdal, and could result in higher damages against the City. Total Amount of � 0000 CosNRevenue Budgeted: Y :� Trensaction: �ax;�±§9 ;?;,,'°-�a°�,r,R�; 4.r�??°:.r,v � � Funding Source: GL 001 Activity Number: 09081 Financiallnformation: ,�y� �7 4 29D�DY (Explain) I I ��,- (�oy Release of All Claims File Number C-030075 In sole consideration of the payment of ten thousand doflars and no cents {$10,000.001, to me paid in hand, I do hereby release and forever discharge the City ot Saint Paui, the Parks & Recreation Department, 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 Trom or related to any damage, loss or injury sustained by me arising firom an incident which took place on or about 17` day of May, 2002, at or near the intersection of West 7 Street and Mihaha Avenue, Saint Paul, MN_ I understand that the injury may be permanent and progressive, and that recovery may be uncertain. I rely only on my own judgment in making this release and do not rely on any other person in any way. The undersigned acknowledges that they are responsible for any and all medical bills or services received in connection with this date of injury whether such bills have been paid or not paid, known or unknown. This release shall not afifiect any stipulations that are connected to any worker's compensation claim. The payment of this money is not to be construed as an admission of Iiability represents only the compromise of a doubtful and disputed claim. g ��' 3= D - <._ � The undersigned agrees that this release specifically includes and relea� the� �; ; above named parties from any and all claims involving no-fault claims, uninsuced motzvr�sf'= N � � �- claims, underinsured motorist claims and bodiiy injury claims. c' ;- � �� This release contains the entire agreement between the parties hereto, �d th��-.G terms of this release are contractual and not a mere recital. lo `'' THE UNDERSIGNED HAS READ THE FOREGOING AND FULLY UNDERSTANDS IT and signs it this =� �.3 day of f�_��r�, , 200�. In the presence of: ��� �� , witness�f�}?G " ' %�..Uv��✓ �r7�*^.-.^ � � wrtness ; V O Subscribed and sworn to before me this ;7� idav of Notary �� � Timothy Bowie � 3o�._s5�- ��E� 3 20�. � ° WAYNE J. STUDER _— �*.,ri��`� NOTARYPUBLIC-MINNESO �,-��'.�,. p,4M5'cY COUNT' �y,y COMMISSION EXP�AES 1J12CO5 • s SENT BY: GRIFFEL & DORSH01�1 CHTp.; 952 593 0750; MAV-25-04 13:53; PA�E 3/3 O� � Dated� ,7" Zt7'1'�L�' MANUEL CBRVANTES Saint Paul City Attorney ��� �l.�G' nkF�E. Villaume III, #112860 Assistant Ciry Attomey 550 City Fiall and Courthousc 15 West Kellogg Boulevard St. Paul, MN 55102- (65l)266-8775 Anorneys for CIty ofSt. Paul