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04-611Council File # O�� �,' Green Sheet # 3 � �� � 3 � RESOLUTION CITY OF SAINT PAUL, MINNESOTA 0 Presented By Referred To Committee: Date 1 RESOLVED, that, upon execution and delivery of a release in fixll 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 Fazah Heik and his attorneys, Gempeler, Kenyon & Butwinick, PLC, 4 the sum of thirry rivo thousand five hundred dollazs and no cents ($32,500.00) in full 5 settlement of their claims, relating to injury and daxnages sustained on the 4`� day of 6 December, 2001, as a result of an accident with a City-owned vehicle at or near the 7 intersection of Suburban and Burns, Saint Paul, MN. <`//�� H^% �l Judge of District Court 6l T /o-� Date Signed Requested by Offi o£ Human Resource By: Approval Recommended by Budget ector: � Adoption Certified by Council Secretary � Green Sheet Green Sheet 04- �tI Green Sheet Green Sheet Green Sheet Green Sheet � Departmentloffice/council: Date Initiated: ; Hu -H�,�,�R�o�� 0&JUN-04 Green Sheet NO: 3018036 Contact Person & Phone- Deoartrnent Sent To Person InitiaVDate Sand2 Bodensteiner � 0 uman Resources I Risk Manaeement I� � 6572668887 p I uman Resources De artment Direc[or � : Must Be on CoUnGil Agenda by (Date): Number ? Ciri 4ttomev I Ciri Attomev. form f�• ) � � 23JUN-04 For d � Routing 3 evor's Oftice MavodASSistant � Ofder 4 Council � Cih Council I �� 5 �CiN Clerk � Ciri Clerk � � � . . . . , . . . . . . , I . .. W. p ° 9� � 6 G Total # of Signature Pages .L (qip All Locations for Signature) � � � I ActionRequested: f �p� O � h��4 Approval of resolurion settling the clairn of Fuah Heik against the City of Saint Paul. ��� c . �s1�� �i� 3 ��14� 6 � Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following questions: � Plannmg Commission �. Has this person/firm ever worked under a contract for this departmenP? ;� ' � CIB Committee Yes No � , • Civil Service Commisswn 2. Has this persoNfirm ever been a c�ty employee? Yes No � 3. Does this person/firm possess a skill not normally possessed by any � "° ' curzent ciry employee? Yes No Explaiq all yes answers o� separate sheet and attach to green sheet �„ ��'. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Nlhy): �;., ' On December 4, 2041, a Saint Paul Police squad driven by Officer Chris E. Nelson, reaz-ended a vehicle driven by Fazah Heik. A full and `' ' final settlement has been reached with Mr. Heik through lus attorneys, for any and all clauns. ;,i ,, I ;:, t �, AdvantageslfApproved: �� - An ouutanding claim against the Ciry of Saint Paul will be settled. r� : a'; � �' - Disadvantapes If Approved: None. � �� , , I, . ,..� � Disadvaniages If Not Approved: ,. An ouutanding claixn against the Ciry of Saint Paul will not be settled, and'the City could have e�osure for a lawsuit. Total Amount of 32500 Cost/Revenue Budgeted: �' RECEIVED Trensaction: Fundinp Source: GL 001 Activitv Number: 09051 JUN 1 4 2004 Financial Information: - cEXp'a'"> MAYOR'S OFFICE Jun 08 �4 09:30a Donald Donaldson 95Z-473-9475 Release of All Claims File Number C-010422 oy- �II P•2 in sole consideretion of the payment of thirty two thousand five hundred dofEars and no cents (532,500.OQ}, we do hereby release and forever discharge the City of Saint Paul, the Saint Paul Police Department, Craig E. Nelson, 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, resutting from or refated to any damage, loss or injury sustained by Farah Heik arising from an incident which took place on or about the 4 day of December, 2001 at or near the intersection of Suhurban and Burns, Saint Paul, MN. We understand that any injuries rnay be permanent and progressive, and that recovery may be uncertain. We rely oniy on our own judgment in making this re{ease and do not rely on any other person in anb WaY• We have consulted a legal advisor on this matter and we wish to settle our claims. The undersigned agree and understand thaY this settlement encompasses all claims for medicat treatment, lost wages, loss of consortium, permanency, loss of use, out of pocket expenses, mileage, and any and ail other ctaims that may not be specificaity mentioned but which may have been i�curred in connection with this incident. The undersigned agrees that they wilt be responsible for any and all bilis, invoices or serv'sces 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 Yo be construed as an admission of liability. It represents only the compromise of a doubtful and disputed claim. This refease contains the entire agreement between the pareies hereto, and the terms of this release are contractual and not a mere recita{. THE UNDERSIGNED PARTIES HAVE READ THE FOREGOING AND FULLY UNDERSTANDS IT, and signs this � day of Si,�.-...e ��OQ �• �� � 5 Subscribed 2nd sworn to before me ehis 0 day of s 20� � �/ � . � � y Public � ROBERT S. B���ICK � N�TAAY PUBU res , arN 3 �:' My Comm. E� � .