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05-1111Council File # � lt 11 Crreen Sheet #3028947 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented By Referred To Committee: Date 1 BE TT RESOLVED, that upon execution and delivery of a release in full to the City of St. Paul, 2 the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 3 09070-0511 to Jennifer Ganoza and her attorney Todd Kenyon, the sum of $18,000.00 in full and 4 final settlement of her claim for damages sustained on January 9, 2003, as a result of an 5 accidental bite from a St. Paul Police K-9. APPROVED: Judge of District Court Dated: �.g_,. � � }��� R este b Department o ' o2�c .f �i�ce — By: Form A ed by Ci Attorney �� By: � App�o by Mayor for S bmission to Council B y" I `W�l Adopted by Council: Date 4dCGZy�1�d�.� !, c�Q�S � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 1`�F.-1111 DepartrneMloffice/council: Date Initiated: v � • � � � cA -��TyA,��. 30.NOV-05 Green Sheet NO: 3028947 Conhct Person & Pho�• ���eM Sent To Person Initiai/Date Portia Hampton-Flowers � 0 ' Attoroe Cti Attorne 266-8774 qu�9n 1 onnc0 Council Must Be on Couneil Agenda by (Date): Number y a r' �c Ma or' OtTice ��— � 07-DEG-0S For Routing 3 ' Qerk Ci Clerk Order 4 5 6 ToWI # of Signature Pages _(Clip All Loeations for Signature) Action Requested: The CAO recommends approval of a Resolution authorizing settlement of Jennifer Ganoza v.City of St. Paul in the amount of $18,000 Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm 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 personlfirm possess a skill not nortnally 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): Jennifer Ganoza brought an acrion in Ramsey County Disirict Court alleging shict liability and negligence against the City of St. Paul for injuries and damages sustained after she was bitten by a St. Paul Police K-9. Ms. Ganoza claims she sustained injuries to her leg and back as a result of the incident: The Ciry of St: Paul denies liability for the alleged daznages but recognizes the costs and risks of a JmY hial• AdvanWStes If Approved: If approved, the proposed settlementwould allow the City to dispose of thiscase without an admission of liability or anegarive detemvnation by the Court. The City also would avoid expert wimess espenses and the costs of trial. DisadvanWpes If Approved: If this matter proceeds to 1rial, the City woutd incur the expense of two expert wiinesses. In addition, the jury could detem�ine ffiat the use of The police K-9 was unreasonable and awazd compensatory damages in excess of the proposed settlement aznount. DisadvantageslfNotApproved: None. Total AmouM of 18000 Cost/Revenue BudgMed: y Transaetion: Pundinp Source: Tort Liability Fund Activitv Number: 09070-511 Finaneial Information: " (Explain) �