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05-186Council File # V-�� +�� Green Sheet # �V 2 J`T2 Presented By Referred To Commi[tee: Date 1 RESOLVED, that, upon execution and delivery of a release in full to the Ciry of Saint Paul, 2 the proper City officers aze hereby authorized and directed to pay from the Tort Liability 3 Fund, 10123-OSll, to Bryan Montgomery, and his attomeys, Krueger Law �irm, the sum of 4 ten thousand dollars and no cents ($10,000.00) in fuli settlement of any and all clanns for 5 bodily injury sustained on the 15`� day of May, 2002, as a result of an accident with a City- 6 owned vehicle operated by a Saint Paul Public Works Department crew, at or near the 7 intersection of Payne and Tedesco, Saint Paul, MN. Adopted by Council: Date In� C-t� q, ab(7� Adoption Certifie,�i by Council Secretary By: Date RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� � Requested by Department of: Auman Res mces s � ' I J Approval Recommended by dget D'uector: By: Forxn A roved by Ciry By: Appro� b Mayor for � O$- !$� � Green Sheet Green Sheet ,Green Sheet Green Sheet Green Sheet Green Sheet � HU — x,m�xesources CoMact Person 8 PNone: Sandra Bodensteiner 6512668887 Mus[ ee on '16-MAR-05 Totai # of Signatwe Date Initiated: 2SFEB-05 � Assign Number For Routing Order Green Sheet NO: 3025423 Deoartrne�H SeMToPerson InitiallDate U uma¢Resuarces RiskMa¢aeement � � 1 omau Reso rces De rtment Director __�.__ 2 ' A Ci Att rne 3 a or's Office Ma or's Offic 4 n i i Co cil 5 i lerk lerk (Clip All Locations for SigfraWre) Approval of Resolution settliug a bodily injury claim. CostlRevenue Butlgeted: Y � • � or Reject (R): � Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1, Has this personffirtn ever worked under a contract for this department? CIB Committee Yes No Civil $ervice Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this personJfirm possess a skill not normally possessed by any current city employee? Yes No Expiain aIf yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunify (Who, What, When, Where, Why): - A Public Works Department aerial bucket velricle was not properly parked and fell onto a velucle in flxe traffic lane on May I Sth, 2002. The impact resulted in the ve}ucle being a total, loss. The driver of the vehicle was injured as a result of the impact of the bucket truck landing on his vehicle. A full and final sett7ement of all clanns has been reached. Ativantaaes IfApproved: An outstanding claim against the City of Saint Paul will be resolved. Disativantages if Approved: None. Disadvantages If Plot Approved: The claim could proceed to a lawsuit and could result in increased costs. rota� amount of 100Q0 Transaction: Fundinq Source: GL 06D 10123 Financial Information: (Explain) ActiviN Numbec i %' � If� �.�j �,fi: ��C:.�'t �'=f "t�°�" MAR 0 2 2045 JAN-11-2065 16:58 FROM:KRUEGER LRW FIRM 651 628 0177 u , , . . , , , _ ., . � . __. . . ,_, . _ . , � ^ " Release of Alt Cfaims Fite Number C-U20139 T0:651 266 8886 P.3�3 os- �g� . . .. ;,, -ti )n.sole.cansidecation.of ihe,.payment of.tsn sfiousand doqars and.no csnts : - . , , , , , : •, i (S'10,008.06}, to me paid ,in hand. t do hereby release and forever discharge tne City of . ; �._.... . Saint Paui, the Saint Paut Public Works Department, their representatives, succsssors, assigns and ail other persons, firms and corporations from any liability, claims, actions, causes of action, and demands of any kind, Icnown or unknown, existing or to arise in the C , future,.resulting from, ar.reieted to:anyidamage, loss or.injury sustained by me arising fram °~ an incident which took place on or about 15`" of May, 2002, at or near the intersection of Payne and Tedesco, Saint Paut, MN. ..,-, ��-«- -.:. ,,. i understand that the inJury� may, b� permanent and progressive, and that recovery � �� " ^' mav be uncertain. ! re!y anly on rny own judgment in�mak�ng^Ch'is'relea'se�a"nd do'not rely �'~ ���� on any otfier person in any way. �• °�°� � Rhe undersigned furthe� agrees'and vvarrants that they are Yesponsible forany and `� all bilts, expenses or Costs, related to or connected to the injuries being cieimed for which thfs release covers. This release specificai{y inciudes any and ail costs from medica{ providers, chiropractors, physicak tfierapists, pharmacies, hospitafs, cGnics, ambulances, �, . , , . . , . � chronic pain cente�s, stComeys, consui,tants, therapists, .insurance companies and atf other service providers from wMom services were received by the �ndersigned or to whom service fees may be owed. a ' The payment of this moneV �s not to be construed as an admission of Iiability. It represents onfy the compromise of a doubtfui and disputed Claim. + This reiease contains the eniire�agreement between the parties hereto, and the terms of this rsiease are contrectual and not a mere recital. THE UNOEftSfGNED HAS READ THE FOftEGOING AND FULLY UNDERSTAND5 IT, and signs and dates this 3D�da of A.�ern. f�r , Zo�. ,., <_... . _ . �... , .. , . 1 .,. . , , , i� the presenca of: � witness Br n 1 ontgomery / ,. . ,. ,. , ,, . � - �I � ... , , . . „ •, witness Subscribed and sworn to before me , . . � • th�s - - — "tlav of /17l�' ., _ ' ' .: 20 ,... . . . , t. Notary Pubiic [i CEONA pLl�p Notqry pubflC M��sota